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tnook

Very Old Barclaycard Charges

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Thank-you!!! :)

 

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Realise it's the bank holiday weekend. Just wondering if any of the site team had any advice?

 

:)

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Well it is what it is...you wouldn't expect anything else....obviously they are going to deny that they have not complied.Should you now wish to proceed then your task is to prove otherwise in your witness statement.

 

Andy


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7 hours ago, Andyorch said:

Well it is what it is...you wouldn't expect anything else....obviously they are going to deny that they have not complied.Should you now wish to proceed then your task is to prove otherwise in your witness statement.

 

Andy

tnook, is this do-able?

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On 27/05/2019 at 14:45, tnook said:

Realise it's the bank holiday weekend. Just wondering if any of the site team had any advice?

 

:)

 

I have a look through this thread but I have seen the defence that they have supplied. Have you got a copy of the bank's retention policy?


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Just to give you all an update. Nothing much has happened. Still waiting for a date and time for the mediation session.

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If you are going to mediation, don't forget that there is no basis on giving any ground if you consider that you have the right on your site. Mediation is not about compromise – unless your position is weak. If your position is strong then simply stand your ground and give no quarter. Then later on you will be able to say that you did agree to mediation.


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Thanks Bankfodder. The problem I have is that they are sticking to their line of not having the data. I don't have a way to prove that they do.

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Then you need to ask them to explain why they have breached their stated policy for data retention.  Also ask them to commit themselves that they do not use some other data storage service/archive.  If they refuse to confirm then you might then say that you will proceed to a hearing -although could be risky.  You could tell them that if you withdraw the case it will be on the basis that they agree in writing that they have breached their own policy.

I'm afraid that I haven't gone through the whole thread or refreshed my memory of it


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Ok update. I called the mediation hotline to book the mediation session and it’s a no go.

 

Although Barclays asked for it to go to mediation. They just declined and asked to proceed to court. 

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I expect it was just a tactic to make it look as if they were willing and also to test your resolve.

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So frustrating. I estimate about £20k in charges and interest in those ‘missing statements’  

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£100,000+ on mine    ...from 1986.

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I’m in the same boat, HSBC have proved that they have contradicted their own privacy policy but won’t admit it and have stated they won’t discuss it anymore.

Bankfodder, if tnook does get them to admit they’ve breached their own policy, how will this help, please?

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What’s the latest on this, tnook?

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Hi all,

 

Latest was that BC had requested mediation, then after dragging out the deadline to agree an appointment they decided not to go through mediation. I spoke to the court last week for an update and it's down to me now to submit my AQ.

 

I'm away from home until Thursday, will be drafting it and put it up here for any comments. The courts mentioned that the hearing would likely be in December.

 

I need to think about what I want to get out of this, since they are digging their heels in about not having the statements. I need to somehow highlight how evasive etc BC have been, I need them to also state they don't hold records at external sites like Iron Mountain. I'd also like them to explain what happened to the statements. Not sure if I can get any of this from the hearing.

 

 

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This sounds like a naive question but what happens when you email them and ask? Do you have a contact point within Barclaycard?

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Yes indeed, I have a BC contact on the 'customer care team'. 

 

BC and their solicitor are sticking to the line "we looked and we can't find your statements".

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About to send this letter to their solicitor, to highlight their ‘confusing’ actions and ask for BC to commit to not using external data storage or archives and ask what happened to my data. Probably won’t go anywhere.

 

Dear Solictor,

 

This is a request for clarification since I have been receiving several conflicting messages from yourself and Barclays.

 

On the 9th of May 2019 you requested a extension for your filing a defense, to be reasonable I agreed to this since you said Barclays were looking for the data I had requested.

 

On the 10th of May your last email stated you would update me on the progress of the search. You did not reply. Will I still be receiving my data?

 

I received notification that you and Barclays wished to proceed with mediation. I agreed to this. You and Barclays then without warning changed your minds and decided not to progress with mediation.

 

I find the changes in direction confusing.

 

My position is unchanged in that I do believe Barclays have my data. There is evidence of other customers data being made available, but only after court action.

 

I will consider withdrawing the claim if Barclays explain what happened to my data and commit themselves that they do not use some other data storage service / archive. For example an internal archive or an external data storage provider.

 
Your faithfully,
tnook
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What dates are you working to now with regards to court directions...statements and disclosure ?

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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I just got a letter in the post from the courts requesting the Allocation Questionnaire and court fee. They indicate a hearing would likely be early December.

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Requesting the DQ ?  Have you not already submitted one ?  Hence the mediation ?

 

Do you mean you have received the Notice of Allocation with directions ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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